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(영문) 대전지방법원 서산지원 2018.05.31 2018고단181

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 14, 2014, the Defendant against the victim E obtained a loan from the victim of “G” located in the Gyeonggi-si in Gwangju-si, Chungcheongnam-si, Chungcheongnam-do, for the purpose of paying the amount of KRW 2 billion in the land security loan on December 19, 2014. The Defendant borrowed money as KRW 700,000 in the cost of civil engineering design.

“A false representation was made in the content.”

However, even if the Defendant borrowed money from the damaged party due to the lack of permission to use the above land and the development of hot spring water, the Defendant did not have any intent or ability to receive the loan as collateral and repay it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received KRW 700,000 as a civil engineering design cost around October 14, 2014; (c) KRW 700,000 in terms of additional civil engineering design cost around October 20, 2014; and (d) KRW 1.5 million in terms of automobile oil cost around November 17, 2014.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 31, 2014, the Defendant against the victim I made a registration of the victim with regard to the permission for the reclamation of H land and the development of hot spring water, and received money in the U.S. after opening the business passbook at the rest area of the inn city located in the Gyeonggi-si, Gyeonggi-do.

“A false representation was made in the content.”

However, the Defendant did not have any intent or ability to repay even if he borrowed money from the damaged party due to the lack of permission to use the above land and the development of hot spring water.

Nevertheless, the Defendant, as above, was delivered KRW 500,000,000 to a new bank account under the name of J on the same day by deceiving the victim and from the person who is affiliated therewith, and KRW 500,000,000 to a new bank account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

3. The victim;